A bail application filed by Oliver Barker-Vormawor, convenor of the #FixTheCountry Movement who has been charged with treason felony could not be heard at the Tema High Court on Thursday, March 10, 2022.
This is because Barker-Vormawor’s legal team needed more time to respond to an affidavit filed by the Attorney-General (A-G) opposing the bail application.
Similarly, the A-G, also needs time to study the responses to the affidavit by Barker-Vormawor’s legal team in the event they also make certain claims that may require the A-G to respond.
The Tema High Court, presided over by Justice Daniel Mensah, therefore, adjourned the hearing to Monday, March 14, 2022.
In court on Thursday, Mr Akoto Ampaw, lead counsel for Barker-Vormawor prayed the court to adjourn the hearing to Monday, March 14, 2022.
This was after a Senior State Attorney, Ms Hilda Creg served them the affidavit during the court proceedings and prayed the court for a longer adjournment to enable them study whatever response Barker-Vormawor may be filing in response to their affidavit.
Custody
Barker-Vormawor has been remanded in police custody by the Ashaiman District Court.
He was arrested on February 11, 2022 and charged with treason felony in connection with a Facebook post he allegedly made suggesting that, he will organise a “Coup” if the electronic transaction levy (E-Levy) was passed by Parliament.
He was arraigned at the Ashaiman District Court on Monday, February 14, 2022 and the court remanded him in police custody. He made a second appearance at the District Court on February 28, 2022.
Hospital
Barker-Vormawor was reportedly taken to the Police Hospital in Accra on Wednesday, March 9, 2022 over what Graphic Online gathers was a high blood pressure condition.
He was moved from the hospital to the Tema High Court on Thursday and was taken back to police custody after the court proceedings.
Affidavit
The A-G had in the affidavit opposing the bail application indicated that Barker-Vormawor had no fixed residence in Ghana, and therefore rendering it impossible to conduct a search by the investigative team.
The A-G also argues that Barker-Vormawor has so far failed to cooperate with police investigators by failing to comply with an order by the Ashaiman District Court to grant the police access to his mobile phone as part of investigations.
Also in court on Thursday, Barker-Vormawor’s lawyer, Mr Ampaw said that the document handed to them in the court by the state attorney may have certain dispositions that may not be exactly correct of which the team may need to respond to them.
“Because our failure to respond to such dispositions may mean that we have accepted them as such and it could be fatal to our application,” Mr Ampaw said.
He also argued that since the liberty of the applicant was at stake having been under arrest since February 11, 2022, it will be unfair and unjust to the right of the applicant for the court to grant the longer adjournment that the state had requested.
“We will therefore wish to come back tomorrow (Friday) or Monday by which time we may have filed our processes and serve same on the Attorney-General,” Mr Ampaw said, stressing that if the A-G had filed its opposing application at 1:30 pm on Wednesday, March 9, 2022 and expected the hearing on Thursday, March 10, 2022, the applicant’s legal team’s insistence for the application to be heard either on Friday, March 11 or Monday, March 14, 2022 could equally apply,” Mr Ampaw prayed.
A-G
Ms Creg however pointed out that the longer adjournment sought by the state would have, “we think that a week may suffice to enable us respond to whatever processes the applicant’s team may serve,” Ms Creg prayed the court.
Justice Mensah in his ruling directed the applicant’s team to file the processes and serve same on the respondents (A-G) by close of day, Friday, March 11, 2022 so as to allow for the hearing of the bail application on Monday, March 14, 2022.